Welch v. . MacY
Supreme Court of North Carolina
CONTROVERSY, without action (C. C. P. § 315,) submitted on the 16th of February, 1878, to Seymour, J. The plaintiffs are minor children applying for a homestead and personal property exemption. Their father, W. B. Welch, devised his estate after payment of his debts, and died ; and their mother died soon afterwards, neither one having applied for such exemptions.
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CONTROVERSY, without action (C. C. P. § 315,) submitted on the 16th of February, 1878, to Seymour, J. The plaintiffs are minor children applying for a homestead and personal property exemption. Their father, W. B. Welch, devised his estate after payment of his debts, and died ; and their mother died soon afterwards, neither one having applied for such exemptions. His Honor held that they were entitled to said exemptions and ordered that the same be laid off and assigned according to law. From this judgment the defendant appealed.
1Opinion of the CourtFaircloth, J.
(After stating the case as above) Upon these facts our decision is that plaintiffs are entitled to a homestead, but are not entitled to the personal property exemption. The statutes applicable to the case are cited, and the reasons for the decision are given in Johnson v. Cross, 66 N. C. 167, where the same question was presented and maturely considered. A repetition of them here would be surplus work;
It was urged before us that the will being a mode of conveyance without the wife’s dissent had the effect of vesting title to the property in the creditors. Giving full force to the suggestion,…
2Cases cited1 opinion
- John Johnson v. . John F. CrossSupreme Court of North Carolina · 1872